Probate & Estate Adminstration

Probate & Estate Administration

After the loss of a loved one, the added responsibility of having to make sure his or her assets are dealt with in the correct way can feel like an unmanageable burden. John R. Foust understands this is a very difficult time and will work to make this as easy of a process as possible. We can help you with the following:

  • Probate
  • Trust administration
  • Estate and fiduciary tax return preparation
  • Asset distribution
  • Asset retitling
  • Other estate administration services

What is Probate?

When someone dies in Tennessee, that person’s real and personal property must be distributed according to the laws of Tennessee. The probate process allows for the payment of any debts owed by the decedent and the orderly distribution and of the decedent’s property. This is done either according to that person’s stated wishes if they had a Last Will & Testament. If a person dies without a will, then the person is said to have died intestate and Tennessee’s statutory law decides how their assets will be distributed?

Does the person’s estate have to go through Probate?

Not necessarily. Often times, all of the decedent’s assets pass outside of probate. This might be because all of the his or her assets are held in trust, are payable to someone other than the estate, or other reasons.

How long does Probate take?

The process will take at least four months since notice must be given to creditors, but certain estates can possibly take years. The length of time a Probate will take depends on many circumstances including the complexity of the estate.

How much will Probate cost?

Unfortunately, the cost of probate depends on the amount of time the attorney spends working on the estate. Several things including the complexity of the estate and how well the beneficiaries are getting along affect the amount of time an attorney will need to spend.

I am the Executor of someone’s Last Will & Testament who just died. What do I do?

People generally appoint a loved one to be the Executor, so it is important to grieve. Usually, unless there are unusual circumstances or problem people, it is not necessary to rush and hire an attorney the next day. If you would like to discuss the circumstances behind the probate process and your situation, please give us a call. We will be glad to help.

I am a Beneficiary who has been unduly excluded from the, can you help?

Yes. A Will Contest allows someone unrightfully excluded from a decedent’s Will to contest that Will’s validity. A Will can be determined to invalid for several reasons including:

  • Lack of Mental Capacity,
  • Undue Influence,
  • Fraud, and
  • Improper Execution

Contact Us